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Attorney General Marty Jackley

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South Dakota Continues its Support of State Joint Authority Over Immigration Enforcement


PIERRE, S.D. –Attorney General Marty Jackley announced today that South Dakota will continue its support of state governments’ joint authority over immigration enforcement in Arizona’s Ninth Circuit Appellate case.  

At the trial court level, the Federal Judge rejected the federal government’s argument "that the power to regulate immigration is vested exclusively in the federal government." The court recognized that "federal immigration law also envisions certain areas of cooperation in immigration enforcement among the federal government and state and local governments." However, the trial court did conclude that several key provisions of the Arizona Statute went beyond the state’s enforcement authority. 

"This case presents an important and cost effective opportunity to provide guidance to the South Dakota legislature in determining our future immigration enforcement policy," said Attorney General Jackley. "South Dakota presently enjoys and will strive to continue our tradition of cooperative immigration enforcement with our local federal law enforcement partners."

Attorney General Jackley further added, "Like Arizona, every state has the power to concurrently enforce federal immigration law, provided that states do not create new categories of aliens, attempt to independently determine the immigration status of aliens, or unnecessarily increase the potential for racial profiling."

South Dakota remains with several other states in the capacity of amicus curiae, or friend of the court – not as a party defendant. The State of Michigan has taken the lead role of the amicus states, and it is anticipated that South Dakota will not bear any costs associated with its supportive and advisory role.

For Immediate Release
Contact: Paige Wilbur, (605) 773-3215